Cited by
Opinions in Minnesota that cite DUDER v. McGLYNN BAKERIES, INC., 669 N.W.2d 344.
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Michael Sarff, Respondent,
Minn. Ct. App. 2026
A transaction that is void ab 8 initio is “of no legal effect” or “null.” Onvoy, Inc. v. SHAL, LLC, n.9 (Minn. 2003).
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Cleveland-Cliffs Minnesota Land Development LLC, a Delaware Limited Liability Company, Appellant,
Minn. Ct. App. 2025
Onvoy, Inc. v. SHAL, LLC
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Joy Litke, et al., Respondents,
Minn. Ct. App. 2025
“Generally, arbitration clauses are contractual and cannot be enforced by persons who are not parties to the contract.” Onvoy, Inc. v. SHAL, LLC, .
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Karol M. Provost, Respondent,
Minn. Ct. App. 2024
See Rodgers, d at 667 (reversing a grant of a motion to dismiss for failure to state a claim because 1 “Minnesota courts must apply the FAA [(Federal Arbitration Act)] to transactions that affect interstate commerce.” Onvoy, Inc. v. SHAL, LLC
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In re the Marriage of:
Minn. Ct. App. 2024
Onvoy, Inc. v. SHAL, LLC
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Pamela Maslowski,
Minn. 2023
Advisers, Inc., 322 abrogated on other grounds by Onvoy, Inc. v. SHAL, LLC
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Ryan Lynch, Appellant,
Minn. Ct. App. 2023
We note, however, that “Minnesota courts must apply the FAA to transactions that affect interstate commerce.” Onvoy, Inc. v. SHAL, LLC, see Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265, 274 (1995) (describing the FAA’s reach “expansively as coinciding with that of the Commerce Clause”).
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Glacier Park Iron Ore Properties, LLC,
Minn. 2021
The court of appeals held that the MRUAA supersedes the “reasonably debatable” overruled by Onvoy, Inc. v. SHAL, LLC , 1 and thus the district court decides arbitrability unless the 1 In Atcas, a case arising under Minnesota’s arbitration statute , Minn. Stat. §§ 572.08–.09 (1971) , we said that “if the intention of the parties is reasonably debatable as to the scope of the arbitration clause, the issue of arbitrab
- Special School District No.1, Minneapolis Public Schools, Appellant, Minn. Ct. App. 2021
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Faith Technologies, Inc., Respondent, Biosar America, LLC, Respondent, Frattalone Companies, Inc., et al., Plaintiffs,
Minn. Ct. App. 2020
6 when waiver occurs, see Onvoy, Inc. v. SHAL, LLC , (providing that appellate courts review arbitration clauses, such as JAMS rules, de novo).
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Nancy Leppink, Commissioner of the Minnesota Department of Labor and Industry, et al., Respondents,
Minn. Ct. App. 2020
Advisers, Inc. , abrogated on other grounds by Onvoy, Inc. v. SHAL, LLC, Thompson v. Barnes
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Jacqueline E. Heintz individually and as Personal Representative of the Estate of Ada L. Colvin, Respondent,
Minn. Ct. App. 2019
Onvoy, Inc. v. SHAL, LLC , -54 (Minn. 2003) (“[P]arties may not be compelled to arbitrate claims if they have alleged that the contract at issue never legally existed.”).
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Dennis Lougee, et al., Appellants,
Minn. Ct. App. 2019
But Lougee’s sole citation in support of this proposition is to a concurring opinion stating that waiver of certain constitutional rights should not be “lightly presumed.” See Onvoy, Inc. v. SHAL, LLC , -59 (Minn. 2003) 11 (Anderson, Paul H., J., concurring) (“[W]aiver of [the right of access to the courts and the right to trial by jury] is not to be lightly presumed.”).
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Rodgers v. Silva
920 N.W.2d 664
Minn. Ct. App. 2018
Onvoy, Inc. v. SHAL, LLC , , 349 (Minn. 2003).
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Adherent Laboratories, Inc., Respondent,
Minn. Ct. App. 2018
More importantly, “[i]n analyzing arbitration clauses, courts should enforce privately negotiated agreements to arbitr ate, like other contracts, in accordance with their terms.” Onvoy, Inc. v. SHAL, LLC , (quotation omitted).
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Laymon v. Minnesota Premier Properties, LLC
903 N.W.2d 6
Minn. Ct. App. 2017
Advisers, Inc., 602 (Minn. 1982) (reversing order denying default judgment and remanding for entry of default judgment where district court abused its discretion by denying default judgment), abrogated on other grounds by Onvoy, Inc. v. SHAL, LLC
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Minnkota Architectural Products Co., Inc., Respondent,
Minn. Ct. App. 2017
Onvoy, Inc. v. SHAL, LLC
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Fern Hill Place Retail Association, Inc. v. Fern Hill Place Homeowners Association, Inc.
Minn. Ct. App. 2016
And, the Minnesota Supreme Court has warned that “[p]arties who want the courts to retain jurisdiction over matters of contract formation, or any other particular issues they foresee may arise in the business relationship, must expressly state such an intent when drafting the arbitration clause in the contract.” Onvoy Inc. v. SHAL, LLC
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Jeremy Ray Johnson v. Commissioner of Public Safety
Minn. Ct. App. 2015
Advisers, Inc., (holding that an issue is not proper for consideration on appeal where the trial court did not have the opportunity to consider the issue), abrogated on other grounds by Onvoy, Inc. v. SHAL, LLC
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Steven Charles Lind v. William Guenther
Minn. Ct. App. 2015
.”), abrogated on other grounds by Onvoy, Inc. v. Shal, LLC, d 344, 351 (Minn. 2003).
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Seagate Technology, LLC v. Western Digital Corp.
834 N.W.2d 555
Minn. Ct. App. 2013
Onvoy, Inc. v. SHAL, LLC
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Leiendecker v. Asian Women United of Minnesota
834 N.W.2d 741
Minn. Ct. App. 2013
Onvoy, Inc. v. SHAL, LLC
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Ram Mutual Insurance Co. v. Rohde
820 N.W.2d 1
Minn. 2012
Advisers, Inc., abrogated on other grounds by Onvoy, Inc. v. SHAL, LLC, )); see also Oganov v. Am.
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KILCHER v. Dale
784 N.W.2d 866
Minn. Ct. App. 2010
Onvoy, Inc. v. SHAL, LLC
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Blohm v. Kelly
765 N.W.2d 147
Minn. Ct. App. 2009
See Onvoy, Inc. v. SHAL, LLC, , 353 n. 8 (Minn.2003) ().